Villaverde v. Aranas et al

Filing 38

ORDER denying 35 Motion; ORDER granting 36 Motion to Strike; Signed by Magistrate Judge Elayna J. Youchah on 6/2/2020. (Copies have been distributed pursuant to the NEF - JM)

Case 2:18-cv-00921-GMN-EJY Document 38 Filed 06/02/20 Page 1 of 2

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

***

4

SALLY VILLAVERDE,

5

Case No. 2:18-cv-00921-GMN-EJY

Plaintiff,

6

ORDER

v.

7

ROMEO ARANAS, et al.,

8

Defendants.

9
10

Before the Court is Plaintiff’s Request for Production of Documents (ECF No. 35) and

11

Defendants’ responsive pleading titled Motion to Strike Request for Production of Documents (ECF

12

No. 36).

13

Plaintiff is pro se and has mistakenly filed his request for documents with the Court instead

14

of preparing the request pursuant to Fed. R. Civ. P. 34, requiring Plaintiff to serve (mail) his

15

document request to counsel for Defendants. 1 Local Rule for the U.S. District Court for the District

16

of Nevada states that “written discovery requests must be served on the party who served the discovery

17

request, and … must not be filed with the court.” LR-26-7. For this simple reason, Plaintiff’s

18
1

19

Fed. R. Civ. P. 34 states, in relevant part:

20

(a) IN GENERAL. A party may serve on any other party a request within the scope of Rule 26(b):
(1) to produce and permit the requesting party or its representative to inspect, copy, test, or
sample the following items in the responding party's possession, custody, or control:
(A) any designated documents or electronically stored information—including writings,
drawings, graphs, charts, photographs, sound recordings, images, and other data or data
compilations—stored in any medium from which information can be obtained either directly or, if
necessary, after translation by the responding party into a reasonably usable form; or
(B) any designated tangible things; or
(2) to permit entry onto designated land or other property possessed or controlled by the
responding party, so that the requesting party may inspect, measure, survey, photograph, test, or
sample the property or any designated object or operation on it.
(b) PROCEDURE.
(1) Contents of the Request. The request:
(A) must describe with reasonable particularity each item or category of items to be inspected;
(B) must specify a reasonable time, place, and manner for the inspection and for performing the
related acts; and
(C) may specify the form or forms in which electronically stored information is to be produced.

21
22
23
24
25
26
27
28

1

Case 2:18-cv-00921-GMN-EJY Document 38 Filed 06/02/20 Page 2 of 2

1

Request for Production of Documents is denied and Defendant’s Motion to Strike is

2

granted. Plaintiff is advised to serve his request for documents by mailing the same to Defendants’

3

counsel, Charles D. Hopper, at 555 E. Washington Avenue, Ste 3900, Las Vegas, Nevada 89101.

4

Accordingly,

5

IT IS HEREBY ORDERED that Plaintiff’s Request for Production of Documents (ECF No.

6

35) is DENIED.

7

IT IS FURTHER ORDERED that Defendants’ Motion to Strike (ECF No. 36) is GRANTED.

8

DATED: June 2, 2020

9
10
11

ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2